Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
regulation 81 and subregulation (3) if an eligible statutory WSS Member
who —
(a) is
under 60; and
(b) does
not have an election in force under regulation 69G,
ceases to be a worker
because of partial and permanent disablement the Board is to pay the Member a
benefit of an amount equal to B in the formula —
where —
A is the greater
of —
(i)
the balance of the Member’s west state account; and
(ii)
the Member’s protected amount;
R is —
(i)
if the Member has been a statutory WSS Member for all of
the 2 years prior to the Member ceasing to be a worker — the total
of the Member’s remuneration for those 2 years; or
(ii)
otherwise, the amount of remuneration the Board considers
the Member would have received for those 2 years if the circumstances
existing immediately before the Member ceased to be a worker had existed for
all of those 2 years;
E is the annual amount
of the remuneration that the Board considers the Member has the capacity to
earn after becoming disabled;
G is the number that
would have been the Employer’s charge percentage for the quarter during
which the Member ceased to be a worker; and
F is the number of
complete months from the day the Member ceased to be a worker to the day when
the Member will turn 60.
(2) For the purpose of
determining the value of E in the formula in subregulation (1) the Board is to
take into account the possibility of work in either the public sector or the
private sector.
(3) If the Member
entitled to a benefit under subregulation (1) has received, or is entitled to
receive, another benefit from any of the superannuation schemes established or
continued under the Act in respect of the same incapacity, the Board may
reduce the benefit under subregulation (1) to the extent it considers
appropriate (but not to an amount less than the amount of A in the formula in
subregulation (1)).
[Regulation 72 amended in Gazette 29 Jun 2001
p. 3090; 1 Dec 2004 p. 5712; 13 Apr 2007
p. 1623 and 1624.]